B. N. KRISHNAN, J.

( 1 ) THE appellant was respondent before the additional principal judge, family court, Bangalore in m. c. No. 642 of 1989 and being aggrieved by the decree of divorce granted in the said case has preferred this appeal.

( 2 ) PARTIES shall hereafter be referred to with reference to their ranks in the lower court or husband and wife as the occasion may demand. The petitioner filed the petition under Section 13 (l) (ia) of the Hindu Marriage Act (for short 'the act') seeking a decree for divorce to dissolve his marriage with the respondent. The case putforward by him in brief, is as follows : he married the respondent on 19-6-1988 at Bangalore and out of the said wedlock a female child was born. The respondent lived with the petitioner for a short period of only 4 to 5 months and even during the said period her actual residence with him was only for a few days as she used to go away to her parents house at viveknagar quite often and that too without the consent of either himself or his mother. She had treated him with cruelty and caused him great mental agony and physical exertion. Despite the fact that petitioner tolerated that kind of attitude on the part of his

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